Lutwak v. United States - 344 U.S. 604, 73 S. Ct. 481 (1953)

Rule:

If two or more persons conspire either to commit any offense against the United States, or to defraud the United States in any manner or for any purpose, and one or more of such parties do any act to effect the object of the conspiracy, each of the parties to such conspiracy shall be fined not more than $ 10,000, or imprisoned not more than two years, or both." 18 U. S. C. (1946 ed.) § 88, now 18 U. S. C. (Supp. V) § 371.

Facts:

Petitioners Marcel Max Lutwak and Munio Knoll et al., were indicted on six counts in the district court. The first count, charged conspiracy to commit substantive offenses set forth in the remaining five counts and conspiracy to defraud the United States and concerning its governmental function and right of administering the immigration laws and the Immigration and Naturalization Service, by obtaining the illegal entry into this country of three aliens as spouses of honorably discharged veterans pursuant to the War Brides Act, 8 U.S.C.S. § 232. At the conclusion of all the evidence, the district court dismissed the substantive counts against all of the defendants because venue had not been shown. The jury acquitted petitioner Leopold Knoll and convicted the three petitioners on the conspiracy count. The Court of Appeals affirmed, 195 F.2d 748. Certiorari was granted to review petitioners’ convictions.

Issue:

Were the convictions for conspiracy to defraud the United States under 18 U.S.C.S. § 88. proper? 

Answer:

Yes.

Conclusion:

The court affirmed petitioners' convictions for conspiracy. The court found that petitioners paid two women, honorably discharged veterans, to travel abroad and marry two men, who were relatives of petitioners in order to obtain admission for these men into the United States. The court further found that the marriages were never consummated, and after the men were admitted, the couples did not live together. Thus, the court held that the fact that the marriages were technically valid did not invalidate the convictions, holding that the marriages were just a step in the scheme, and that these marriages undermined the purposes of the War Brides Act. The court further held that the women veterans were competent to testify against their legal husbands, despite the privilege in the federal rules, when the marriages were shams. Lastly, the court held that it was an error to admit a statement made after the conspiracy ended under the hearsay exception for statements by a co-conspirator, however such error was harmless.